South Dakota Public Utilities Commission Meeting
April 9, 2013, at 9:30 A.M. CDTRoom 413, Capitol Building Pierre, South Dakota

NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605-773-3201 by 5:00 p.m. CDT on Monday, April 8. Lines are limited and are given out on a first come, first served basis, subject to possible reassignment to accommodate persons who must appear in a proceeding. Ultimately, if you wish to participate in the Commission Meeting and a line is not available, you may have to appear in person.

NOTE: To listen to the Commission Meeting live please go to the PUC's website www.puc.sd.gov and click on the LIVE link on the home page. The Commission requests persons who will only be listening to proceedings and not actively appearing in a case listen via the web cast to free phone lines for those who have to appear. The Commission meetings are archived on the PUC's website under the Commission Actions tab, Click on “Commission Meeting Archives,” to access the recordings.

NOTE: Notice is further given to persons with disabilities that this Commission meeting is being held in a physically accessible place. If you have special needs, please notify the Commission and we will make all necessary arrangements.

AGENDA OF COMMISSION MEETING

Administration

1. Approval of the Minutes of the Commission Meetings Held on February 26, 2013, and March 26, 2013, and the Ad Hoc Commission Meeting held on March 29, 2013 (Staff: Joy Irving)

On June 29, 2012, the Commission received an application by Northern States Power Company dba Xcel Energy (Xcel) for approval to increase rates for electric service to customers in its South Dakota service territory by approximately $19.368 million annually or approximately 11.53% based on Xcel's 2011 test year. The Company states a typical residential electric customer using 750 kWh per month would see an increase of 12.7%, or $9.82 per month. The proposed rates may potentially affect approximately 85,000 customers in Xcel's South Dakota service territory. On March 15, 2013, a Joint Motion for Approval of Settlement Stipulation, Settlement Stipulation and Staff Memorandum were filed with the Commission. On March 19, 2013, Xcel filed its Interim Refund Plan. The Matter came before the Commission on March 26, 2013. The Commission deferred action until the next Commission meeting on April 9, 2013.

TODAY, shall the Commission grant the Joint Motion for Approval of Settlement Stipulation and approve the terms and conditions stipulated therein? AND shall the Commission approve the interim rate refund plan? OR how shall the Commission proceed?

On December 19, 2012, the Commission received a petition from Otter Tail Power Company (Otter Tail) requesting the Commission to accept certification that the conditions leading to the issuance of the January 16, 2007, Decision and Order Approving Stipulation and Granting Permit to Construct Transmission Facilities in docket EL06-002 will continue to be met. On March 19, 2013, Otter Tail filed a Certification that the conditions upon which the Commission granted the facility permit will continue to be met along the route as described in its Petition. On March 28, 2013, the Commission received, from the City of Gary, an Order withdrawing from the proceedings. On April 2, 2013, a Joint Motion for Approval of Stipulation and a Stipulation were filed with the Commission.

TODAY, shall the Commission grant the Withdrawal filed by the City of Gary? AND, shall the Commission grant the Joint Motion for Approval of Stipulation and approve the terms and conditions stipulated therein? AND, shall the Certification be accepted as conforming to SDCL 49-41B-27?

On May 4, 2010, the Commission received a complaint from Sprint Communications Company, LP (Sprint) against Native American Telecom, LLC (NAT), in which Sprint seeks: 1) a determination that the Public Utilities Commission (Commission) has the sole authority to regulate Sprint's intrastate interexchange services and that NAT lacks authority to bill Sprint for switched access services without a Certificate of Authority and valid tariff on file with the Commission; 2) a declaration that because the Commission has the sole authority over Sprint's intrastate interexchange services, the Crow Creek Sioux Tribe Utility Authority is without jurisdiction over Sprint; 3) a determination that NAT must repay Sprint the amounts it inadvertently paid NAT for unauthorized and illegal switched access charges. On April 11, 2012, On December 11, 2012, Sprint filed with the Commission a Motion for Summary Judgment. On January 14, 2013, NAT filed its response to Sprint's motion. On February 1, 2013, ATT filed its Response in Support of Sprint. On February 4, 2013, SDN filed its response to Sprint's motion. On February 20, 2013, Sprint filed its Reply Memorandum.

On June 8, 2012, the Commission received an application by True Wireless, LLC (True Wireless) requesting approval to designate True Wireless as an eligible telecommunications carrier pursuant to 47 U.S.C. Section 214(e) of the Communications Act of 1934, as amended, and the Commission's rules and regulations, for the purpose of receiving federal Lifeline universal service support. On April 2, 2013, True Wireless filed a Notice of Withdrawal of Application.

On September 10, 2012, Midstate Telecom, Inc. (Midstate) filed a petition for approval of its new intrastate switched access rates. Per ARSD 20:10:27:02.02, Midstate requested the Commission approve a higher rate than allowed under ARSD 20:10:27:02.01 and filed a cost study in support of the higher rate. Midstate also requested a phase-in period in which their current rate would be approved until March 10, 2013, after which the requested rate would go into effect. At its regularly scheduled meeting of December 4, 2012, the Commission granted Midstate's waiver of the six-month requirement in ARSD 20:10:27:14 and also voted to suspend the operation of Midstate's proposed tariff for an initial period of one hundred twenty days from December 15, 2012.

TODAY, pursuant to SDCL 49-31-12.4, shall the Commission suspend the tariff for an additional 60 days?

In orders released by the Federal Communications Commission's (FCC's) Wireline Competition Bureau, the FCC has added data specifications for the collection of study area boundary data to be used as part of the implementation of certain universal service reforms adopted by the FCC. In its most recent order on this issue, the FCC has concluded that state commissions may certify to the accuracy of study area boundary data and submit it on behalf of incumbent local exchange carriers operating in their states. At its March 26, 2013, meeting, the Commission considered how to proceed regarding the issue of whether the Commission should submit and certify the study area boundary data. The Commission unanimously voted to open a docket to consider these issues and set April 3, 2013, as the deadline for written comments. The Commission further found that it would make its decision at its April 9, 2013, meeting.

TODAY, shall the Commission provide certification of study area boundary data to the FCC?

Items for Commission Discussion

Announcements

The PUC will host and commissioners will attend the 2013 South Dakota/North Dakota/Wyoming Pipeline Safety Operators Training on April 3-4, 2013, at the Ramkota Conference Center, Rapid City, S.D.

Commissioners will attend the Rushmore Electric Power Cooperative Annual Meeting, Thursday, April 4, 2013, at 9:30 a.m. MDT at The Lodge, Deadwood, S.D.